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(영문) 서울행정법원 2016.06.17 2015구단57201
국가유공자요건비해당결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On March 19, 1994, while the Plaintiff’s husband B (hereinafter “the deceased”) was appointed as a police official on March 19, 1994, the Plaintiff’s husband attempted to do self-harm in his multi-use room with a knife, and died by 15th floor corridor when the family were prevented.

B. On November 26, 2014, the Plaintiff filed an application for registration of a person who rendered distinguished services to the deceased with respect to the Defendant, but the Defendant died on April 29, 2015 from the Plaintiff during the performance of duties or education and training directly related to the national defense, etc.

A decision was made not to meet the requirements for persons who have rendered distinguished services to the State or persons eligible for veteran's compensation because it is not recognized that they died due to considerable causal relationship with duties and education

(hereinafter “Disposition in this case”). 【No dispute exists, entry in Gap 1, 2, 4, and 15 evidence (including paper numbers) and the purport of the whole pleadings.

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion was under serious stress due to pressure on work and work performance while serving in the Seoul Nowon Police Station C District, the situation of the main actors, and the poor work environment, etc. on December 31, 2013, which resulted in severe stress due to excessive work and responsibility. Although the decedent was in the same zone with the intent to avoid stress, it was more likely that mental stress has deteriorated, and thereby, it led to suicide.

Since the suicide of the deceased is caused by occupational negligence and stress, a proximate causal relationship is recognized between the death and work of the deceased.

Therefore, the Defendant’s disposition that did not recognize the deceased as a person who rendered distinguished services to the State or a person eligible for veteran’s compensation is unlawful.

B. (1) The Deceased’s work experience and work contents (A) The Deceased is appointed as the police officer on March 19, 1994, from that time.

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